IN CRI. P. 14805 OF 2021 - MADR HC- To cause insult, show disrespect or bring incontempt towards the national flag, is placed at a high threshold and such intention must be so mala fide and apparent to attract an offence under Section 2 of Prevention of Insults to National Honour Act: Madras High Court quashes Trial against MPs, MLAs accused of insulting national flag
Justice Anand Venkatesh [14.07.2023]

Read More :S. Ve. Shekher v. The State

Simran Singh

New Delhi, July 17, 2023: The Madras High Court has quashed the Trial relating to MPs and MLAs, SingaravelarMaligai,Chennai, before the Additional Special Court wherein the petitioner was accused of insulting the national flag to incite communal violence in the State. The Bench concluded that the intention to commit the offence i.e. to cause insult, show disrespect or to bring into contempt towards the national flag, was placed at a very high threshold and such intention must be so mala fide and apparent to attract an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971 (Act of 1971).

The Single Judge Bench of Justice Anand Venkatesh opined that even if the averments made in the complaint were accepted at their face value, the same did not constitute an offence within the meaning of Section 2 of the Act of 1971. The statement made by the petitioner did not fall under any of the actions in Section 2 and Explanation-4 and therefore, there was no actus reus. Similarly, the statement made by the petitioner also did not show any disrespect or contempt towards the national flag and hence, mens rea was also absent. In view of the same, the offence under Section 2 of the Act of 1971 was not made out.

It was alleged in the complaint that the petitioner had released a video on 03.8.2020 on his youtube channel and made objectionable remarks with an intention of spreading false information against the then Chief Minister of Tamil Nadu and also insulted the national flag to incite communal violence in the State. Based on the said complaint, a first information report came to be registered for an offence under Section 2 of the Prevention of Insults to National Honour Act, 1971. The investigation was taken up and a final reports was filed by the Police before the Court below to take cognizance and the said proceedings was put to challenge by the petitioner.

The Bench sated that actus reusand mens rea needed to be established for any act to be termed as an offence under Section 2 of the Act of 1971, the actusreus being any of the actions in Section 2 and Explanation-4 and the mens rea being the intention to disrespect or contempt.

“In the instant case, the petitioner had commented upon a statement made by the then Chief Minister of Tamil Nadu deprecating the statue of late Chief Minister of Tamil Nadu namely Mr.M.G. Ramachandran adorned with a saffron colour shawl. The petitioner had stated that if the saffron colour was to be deprecated, did it mean that the then Chief Minister of Tamil Nadu wanted only white and green colours to be present in the national flag, which indicates Christians and Muslims of this country.”

The Bench noted that the petitioner was attempting to tell the then Chief Minister of Tamil Nadu that the three colours in the national flag represented three religions namely saffron representing the Hindus, white representing the Christians and green representing the Muslims and if such an objection was made for the saffron colour, the petitioner questioned as to whether, for the then Chief Minister of Tamil Nadu, only white and green colours in the national flag were acceptable.

“In the light of the above discussions, the continuation of the proceedings against the petitioner in C.C.No.23 of 2021 on the file of the Court below will be an abuse of process of court, which requires interference of this Court in exercise of its jurisdiction under Section 482 of the Code.”